## PhotoRESEARCHER Newsletter for August
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Key Words: Photographer Awarded Legal Fees | Barbie Doll | Copyright | Trademark | Infringement | Travelers | White Mailers | IRS Rules | Multiple Agents | Portal | Compilations of photographs |
NEWSWORDS: Photographing Refinery | Olympics | Memory Card | Desolation | Eggleston | Glass Plates | Print Broker | News | Shrinking | Archives | Self-Printing Kiosks | Years | Winners | Kodak | Passion | Holtzmann |
Welcome to PhotoRESEARCHER Newsletter, a free monthly newsletter from PhotoSource International. <http://www.photosource.com>
(If you do not wish to receive the PhotoRESEARCHER Newsletter, please see the instructions at the end of this newsletter.)
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Photographer Awarded $1.8 Million in Legal Fees in Defending Case
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by Joel Hecker
I have written on occasion about the subject of either plaintiffs or defendants being, at least in theory, eligible for attorneys' fees in copyright infringement litigation.
Tom Forsythe, an artist and photographer, was in the unfortunate position of being sued by Mattel, Inc. for copyright infringement. Forsythe had produced a series of 78 photographic images of Mattel's Barbie Doll, showing her nude in or around various household appliances. Forsythe displayed his photos at art fairs without, apparently, much commercial success.
Mattel, however, was apparently not amused, and in 1999 sued for copyright and trademark infringement. Mattel was not very successful in its suit, losing a motion for a preliminary injunction and ultimately having the suit dismissed in August 2001 on the grounds that Forsythe's work was a parody, and thus protected as a fair use under the Copyright Act. Mattel appealed from the dismissal and Forsythe appealed the refusal of the District Court Judge to award him legal fees.
Want to read more of this article? Go to: http://www.photosource.com/researcher/legal113.html
Travelers Abroad
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Photographers: We broadcast your foreign destinations along with contact information, departure date, length of stay, etc. Contact PhotoStockNotes (1 715 248-3800) at least two months in advance.
Photobuyers: Watch this column. For the e-mail address, phone or fax number of the traveling photographer, call the PhotoSource International office and ask for Lela LeBree (1 800 223-3860). For an expansion of this list: www.photosource.com and press the Travelers Abroad button, to learn of past international destinations of our photographers.
Candace Gomez
June 9 - July 26, 2004
Athens, Peloponese
Estela Kennen
June 14 - June 18, 2004
Warsaw, Poland
June 18 - July 31, 2004
Krakow, Poland
August 1 - August 7, 2004
Friedburg, Germany; Basel, Switzerland
Rhoda Peacher
August 21 - September 2, 2004
Southwest Ireland
September 2 - September 18, 2004
Burgundy Region, France
Heath Korvola
August 15 - August 31, 2004
Swiss and French Alps
WorkShop
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2004 ASPP EDUCATION CONFERENCE. August 5 - 8, 2004. This Education Conference will address timely topics of visual communication disciplines: digital photography-from selecting and using digital cameras to mastering digital workflow, including archiving; website design, searchability and computer security; keywording; photo rights and research expectations; and important photo industry issues including the benefits of cooperation among organizations. ASPP Member fee: $400; Sister Organizations: $450;Non-Members: $480. Daily rates are also available. Registration for a 4-day fee, Thursday-Sunday, includes: Thursday - Tour and cocktail reception; Friday-- All seminars, lunch, banquet dinner and evening Special program; Saturday-- All seminars, lunch.; Sunday -- morning board meeting ( for ASPP members only), gallery tour. For a message from Judy Feldman, National Education Chair, go to: http://www.photosource.com/aspp
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White Mailers
Sending a disk or slides? Stiff white cardboard mailers are available at: MAILERS, 575 Bennett Rd, Elk Grove Village, IL 60007, Attn: Pat Pulver; http://www.mailersco.com . Phone: 1 800 872-6670. Fax: 1 847 731-2603.
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Changes
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Each month we report to you, moves among, within and between: publishing houses, stock agencies, photo buyers, photo researchers, agencies, and design firms.
AQUARIUM FISH MAGAZINE (PO Box 6050, Mission Viejo, CA 92690) former contact: Russ Case, Editor; current contact: Patricia Knight, Managing Editor.
NEVADA MAGAZINE, former contact and address: Denise Barr, Art Director, 1800 Hwy 50 E Ste 200, Carson City, NV 89710; current contact and address: Denise Evans, Art Director, 401 N. Carson St., Suite 100, Carson City, NV 89701.
HENDON PUBLISHING (130 Waukegan Rd, Deerfield, IL 60015) former contact and e-mail: Tom Caestecker, Asst. Editor, tcaestecker@hendonpub.com; current contact and e-mail: Jennifer Gavigan, Asst. Editor, jgavigan@hendonpub.com .
GREENPEACE INC (702 H St Ste 300, Washington, DC 20001) former contact, phone and e-mail: Lori Wiener, Photo Coordinator, 1 202 319-2441, lori.wiener@wdc.greenpeace.org ; current contact, phone and e-mail: Laura Lombardi, Photo Coordinator, 1 202 319-2488, laura.lombardi@wdc.greenpeace.org .
SPIRIT OF ALOHA, former contact and address: Tom Hortyon, Editor, 36 Merchant St, Honolulu, HI 96813; current contact, address, fax and e-mail: Darrel Ishii, Art Director, 707 Richards St Ste 525, Honolulu, HI 96813, 1 808 531-2306, di@honpub.com .
RECYCLED PAPER PRODUCTS, INC. (3636 N. Broadway, Chicago, IL 60613) former phone: 1 312 348-6410; current phone: 1 773 348-6410.
FAMILY MOTOR COACHING (8291 Clough Pike, Cincinnati, OH 45244) former contact and phone: Pamela Wisby-Kay, Editor, 1 800 543-3622; current contact, phone, fax and e-mail: Robbin Gould, Editor, 1 513 474-3622; 1 513 388-5286, magazine@fmca.com .
CAT FANCY (3 Burroughs, Irvine, CA 92618) former contact and e-mail: Keith Bush, catfancy@fancypubs.com ; current contact and e-mail: Kris Wardwell, Managing Editor, kwardwell@fancypubs.com .
AMC OUTDOORS MAGAZINE (5 Joy St, Boston, MA 02108) former contact: Catherine Roth, Photo Researcher; current contact and e-mail: Tom Woodruff, Photo Researcher, twoodruff@amcinfo.org .
ROADBIKE MAGAZINE (1010 Summer St, Stamford, CT 06905-5503) former contact and e-mail: Laura Brengelman, Editor, info@RoadBikemag.com; current contact and e-mail: Jessica Prokup, Editor, jessicap@roadbikemag.com .
JSA COMMUNICATIONS (3732 Mt Diablo Blvd, Lafayette, CA 94549) former phone: 1 925 283-5525; current phone: 1 650 851-5284.
GRAIN JOURNAL (3065 Pershing Ct, Decatur, IL 62526) former contact and e-mail: Mark Avery, Editor/Publisher, mark@grainnet.com; current contact and e-mail: Ed Zdrojewski, Editor/Publisher, ed@grainnet.com .
BEDTIMES, former contact and address: Tracy Savidge, Editor, 333 Commerce St, Alexandria, VA 22314; current contact, address, fax and e-mail: Julie Palm, Editor, 501 Wythe St, Alexandria, VA 22314, 1 703 683-4503, ctsmith@sleepproducts.org .
AMERICAN POWER BOAT ASSOCIATION (17640 E Nine Mile Rd Box 377, Eastpointe, MI 48021-0377) former contact; Renee Mahn, Publications Editor; current contact and e-mail: Tana Moore, Publications Editor, tana@apba_racing.com .
HUMANE SOCIETY OF THE UNITED STATES (2100 L St NW, Washington, DC 20037-1525) former contact, phone and fax: Paul Dewey, Editor, 1 203 434-8666, 1 203 434-9579; current contact, phone, fax and e-mail: Kate Antoniades, Editorial Assistant, 1 202 452-1100, 1 301 258-0381, asm@hsus.org .
TRIPLER ARMY MEDICAL CENTER (MCHK-PV; 1 Jarrett White Rd, Tripler AMC, HI 96859-5000) former contact and e-mail: Rick Waffird, Dept Info Officer, wayne.waffird@haw.tamc.army.mil ; current contact and e-mail: Martin Arnold, Dept Info Officer, martin.arnold@amedd.army.mil .
MCGRAW HILL HIGHER EDUCATION, former address, phone and fax: 55 Francisco St Ste 200, San Francisco, CA 94133, 1 415 393-0236, 1 415 989-7702; current address, phone and fax: 160 Spear St Ste 700, San Francisco, CA 94105, 1 415 357-8136, 4 415 357-8085.
CAPSTONE PRESS (151 Good Counsel Drive, Mankato, MN 56001) former contact and e-mail: Alta Schaffer, Photo Researcher, a.schaffer@capstone-press.com ; current contact and e-mail: Steve Munior, Photo Researcher, s.meunion@capstone-press.com .
DEER AND DEER HUNTING (700 E State St, Iola, WI 54990) former contact and e-mail: Brian Krueger, Managing Editor, bkrueger@krause.com ; current contact: Joe Shed, Managing Editor.
THE CREATIVE COMPANY (123 S Broad St, Mankato, MN 56001) former contact: Anne Fitzpatrick, Photo Editor; current contact: Bobbie Newton, Photo Editor.
ROBERT GREENWALD PRODUCTIONS (10510 Culver Blvd, Culver City, CA 90232) Contact person Chris Gordon, LA Production Coordinator. Former e-mail: chris@rgpinc.com; current e-mail: flash9000@mac.com .
Irs Rules On Lost Records Stretch Only So Far
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by Julian Block
As a general rule, the IRS okays deductions by stock photographers for business travel and entertainment expenses only if those outlays are substantiated by diaries or other "adequate records." But the IRS does make some exceptions.
Among other things, the feds will waive the record-keeping requirements and accept a "reasonable reconstruction" of your records when, according to the agency's administrative regulations, the loss of your records was "due to circumstances beyond the taxpayer's control, such as destruction by fire, flood, earthquake, or other casualty." Not surprisingly, those regulations include a cautionary reminder that whether an event was beyond a person's control depends on the particular circumstances.
Consider, for instance, what happened in a dispute over write-offs for travel and entertainment that pitted the IRS against Joe Gizzi, who acted as his own attorney before the Tax Court. According to Joe, the government acted unreasonably when the examining agent refused to excuse him from the usual substantiation requirements. It seems that Joe had stored records of entertainment expenditures in his home and they somehow vanished after
he voluntarily moved out because of marital problems.
Unfortunately for Joe, that explanation got exactly nowhere with the Tax Court, which refused to treat the loss as caused by a casualty beyond his control. "Marital difficulties and their consequences, no matter how seemingly independent of the taxpayer's will, do not sufficiently resemble floods or fire to be considered a casualty," the ruling stated. Moreover, noted the court, even if marital problems provided a good excuse, Joe failed to furnish an adequate reconstruction of his records.
Want to read more of this article? Go to: http://www.photosource.com/researcher/txtct94.html
On-Line
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by Bill Hopkins
Do-Not-Spam List Nixed
No surprise here. The Bush administration has decided against the creation of a national do-not-spam list, similar to the do-not-call registry. Interestingly, the Federal Trade Commission's reason was that it would be "largely powerless to identify those responsible for misusing the registry." If the list contained email addresses used by children, for example, what would prevent unscrupulous spammers (are there any "scrupulous spammers"?) from mining the list for children and targeting them with inappropriate messages. Rather, the commission preferred to leave it up to new authentication technology, such as that proposed by Microsoft and other leading vendors, to solve the problem. These proposals, which are aimed at making it more difficult to falsify the email origination, are currently under industry consideration.
What's a Sheepdip?
In computerese, a sheepdip computer is one that is used for checking data contained on external media, like floppy disks, tapes, and CDs, for viruses before allowing the media to be accessed by any other computer. Such sheepdip computers are used solely for virus checking, and are generally isolated from all other computers. The virus checking databases are kept current on a daily basis. Most of us can't afford the luxury of a dedicated sheepdip computer, which is one more reason to install and keep current your anti-virus and firewall programs. You may be familiar with the farming use of the word, which is the process used to rid sheep of vermin and sheep scab, or to clean wool prior to shearing.
Want to read more of this article? Go to: http://www.photosource.com/researcher/onlin146.html
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Oscar Williams, photographer and long-time PhotoDaily subscriber from Kirkland, Washington, captured The Grand Prize in the Smithsonian Institute 1st Annual Photo Contest. Oscar's prize-winning photo topped more than 12,000 entries. http://www.smithsonianmag.com
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Multiple Agents - Yes or No
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By Pat Hunt
"How many stock photo agents should represent my work?" This question is asked frequently both by new artists who want to enter the stock image field, and also by well-established ones who want to expand their client reach and increase their revenue. Unfortunately, the best answer may be, "it depends."
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Should You Be Represented By Several Agencies?
It depends on the type of subject matter you shoot.
It depends on the volume of work you produce.
It depends on the difficulty and cost of producing your images.
It depends on the needs of your agents.
It depends your business models -- Rights Managed, Royalty Free, or Subscription.
It depends on whether you have agents, portals, or both.
It depends on whether your agents are foreign or domestic.
It depends on your time and financial budget.
It depends on whether or not you have a staff to help you.
It depends on the marketing and distribution capabilities of the agents.
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There is no single answer. Alamy, Getty Images, Index Stock Imagery and Masterfile all were nice enough to offer their input from the agent's point of view. Their information should help artists determine what path is appropriate for themselves.
All four companies were asked if they allow contributors to give their work to more than one agency. All four answered YES. Stuart Cox at Alamy claims: "Submitting to multiple agents improves the artist's revenue return opportunities, while providing the widest possible audience for the photography." Index, Getty Images and Masterfile are "image-exclusive." That means that while they allow artists to submit to multiple agencies, they do NOT allow artists to submit the same image to more than one. Alamy is "non-exclusive," which, Cox says, "therefore gives the contributor the opportunity to work with multiple agencies without any contractual problems."
None of the agents have stuck to the old "photographer-exclusive" approach. Anthony Harris, VP of Photographer and Filmmaker Relations at Getty Images, states: "We respect this need for freedom and affirmed it in the standard contracts introduced four years ago." Bahar Gidwani, CEO of Index Stock Imagery, says it goes a bit further: "We also allow our artists to market images themselves, including those they have given us."
SELECTS
Each company is fairly flexible on the number of 'selects' they require for submissions, because they are more interested in a high quality submission than receiving high quantities of images. As Index describes it: "Often the quantity of work an artist produces is related to her/his technique or artistic approach. For instance, some of our artists use extensive post-processing -- either digital or print/chemical -- to achieve a specific 'look.' There is no point in pushing our artists to submit more images," says Gidwani, "if they don't meet our quality and subject need standards."
Cost is always a factor, when considering submitting high volume imagery. Masterfile and Index claim they do not charge their artists fees on their submissions. Getty Images explains that there are no submission fees for their traditional collections. However, they mentioned two examples of fees for optional programs -- images included in catalogs, and 'Photographer's Choice' images; a program launched last year for photographers who are part of the Rights Managed collections of Stone, The Image Bank and Taxi. These artists can pay a small per-image fee, and Getty will upload these images without editing them.
Because Alamy started as a "portal," it has a different system. They offer a tier system for payment and commission. In their words: "Alamy Green is 25% commission, with 10 cents per image per month storage charge, but most contributors opt for the Alamy Blue contract which is 35% commission returning 65% to the contributor with no storage charge. The only additional cost is when we issue a payment to a contributor. This is a charge we have levied by our bankers and is passed on at cost in order to keep the commissions we charge as low as possible. The payment charge is $8 for a check or $11 for wire transfers, and this is made if a contributor's account is $250 or more in credit at the end of each month. If no payment is made, then no charge is levied."
SIMILARS
All the agents except Alamy define 'similars' about the same, and prohibit submitting similars to other agents. In Getty's words: there are "Key factors considered in assessing images for similars: Models, clothing, props/detail, settings and locations, composition, feel/atmosphere, idea/concept/story, activity and technique. When a number of these elements are closely parallel or are identical across two or more images, it is likely that we will consider the images to be 'similars'." Alamy, however, states that their agency is non-exclusive. This makes it possible for a photographer to submit similar material to other agencies as well as Alamy, provided this fits with the other agencies' contracts.
Author Pat Hunt lectures, writes for a number of photographic publications, and is VP of Corporate Relations at Index Stock Imagery. (path@indexstock.com)
Next Month: Same Formula Shooting and Tight Editing By: Pat Hunt
Compilations
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Joel Hecker, Esq
A recent Appellate Court decision involving a book of poetry invoked an interesting reverse logic as part of its analysis, which should be applicable to issues of infringement of compilations of photographs as well.
The case is Silverstein v. Penguin Putman, Inc. and involves the book, Dorothy Parker: Complete Poems, published by Penguin. The Second Circuit Court of Appeals, in a decision dated May 7, 2004, reversed the District's Court's grant of an injunction which had banned publication of the defendant's (Penguin) book of poems by Dorothy Parker, on the grounds that such book infringed Silverstein's copyright in his own book, which contained his selection of what he considered to be all of Parker's uncollected poems.
Want to read more of this article? Go to: http://www.photosource.com/researcher/legal112.html
Watch for developments in the field of stock photography in PhotoResearcher's
PHOTOGRAPHY IN THE NEWS
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You'll be the first to know...
Note: If the URL is long, it may extend to two lines. In that case - clicking on it won't work. Instead, "copy and paste" the URL.
Man sought for PHOTOGRAPHING REFINERY in Texas. (1984?)
http://news.myway.com/top/article/id/415877|top|07-19-2004::15:07|reuters.html
Getty focuses on OLYMPICS - and becoming a "household name".
http://seattle.bizjournals.com/seattle/stories/2004/07/26/focus6.html
Photography Companies Try a New Approach - consumer research showed, a lot
of amateur photographers did not realize that it was as easy to drop off a
digital camera's MEMORY CARD for processing as it was to drop off a roll of
film. And those who did were often loath to give up control of an expensive
card holding hundreds of nonreplicable photographic memories.
http://www.nytimes.com/2004/07/20/business/media/20adco.html?ex=1091332800&en=f844c162c898c69e&ei=5006&partner=ALTAVISTA
Photographer captures scene of DESOLATION - An empty bottle of medicine
here. Peeling paint there. Farther off in the distance, a broken wheelchair.
This is what the Norwich State Hospital is about today. Once home to 4,000
patients and staff, the only people on the campus this day are the
photographer and two security guards.
http://www.norwichbulletin.com/news/stories/20040725/localnews/911158.html
Out of the ordinary - At 65, William EGGLESTON is perhaps the most
innovative American photographer of the past 50 years whose unique style has
transformed the way we look at the world.
http://observer.guardian.co.uk/magazine/story/0,11913,1266665,00.html
Old photographs taken from original GLASS PLATES
http://www.newsbanner.com/articles/2004/07/26/news/news04.txt
The Art of Business: Confessions of a PRINT BROKER - When should you use a
print broker and when not? How do you find a reputable broker? And what can
a broker really do for you? http://www.creativepro.com/story/news/21671.html
Checklist for Building the Ideal NEWS Web Site - Start by running photos
larger on article pages -- big enough that readers can focus on what's going
on. For home pages, where photos typically are smaller, make it a convention
that clicking on a photo brings up a large version in a new window.
http://www.editorandpublisher.com/eandp/columns/stopthepresses_display.jsp?vnu_content_id=100058129
A lesson in digital Darwinism - In the business jungle only the fittest
survive. One industry undergoing rapid digital upheaval is still
photography. Traditional prints are now a SHRINKING market in the West.
http://www.telegraph.co.uk/money/main.jhtml?xml=/money/2004/07/25/ccluke25.xml&sSheet=/money/2004/07/25/ixcoms.html
A photographer chronicles the city's places in time - The 59-year-old
amateur photographer estimates that he's donated more than 100,000 of his
photos to ARCHIVES around Boston. ''He's documenting building types that
other people are not," says Historic New England archivist Lorna Condon.
http://www.boston.com/news/local/massachusetts/articles/2004/07/25/a_photographer_chronicles_the_citys_places_in_time
Photography Companies Try a New Approach:
SELF-PRINTING KIOSKS for photographs in drugstores and discount stores
are now being widely advertised.
http://www.nytimes.com/2004/07/20/business/media/20adco.html?ex=1091332800&en=f844c162c898c69e&ei=5006&partner=ALTAVISTA1
Photo of the Month 07/25/04-Arizona Daily Sun
Nettell has been a photographer for 60 YEARS . He described what moved
him about the picture:
http://www.azdailysun.com/non_sec/nav_includes/story.cfm?storyID=91234
Digital Imaging's WINNERS and Losers. KODAK's switch from film to Digital. http://www.forbes.com/technology/2004/07/26/cx_af_0726imagingupdate_ii.html
Well known actor Jeff Bridges also has a PASSION for photography
http://www.wokr13.tv/news/local/story.aspx?content_id=67D194C4-E7A9-4879-8A96-C462D7A372F1
Dale HOLTZMANN , longtime photographer, dies
http://hsconnect.com/news/story/0726202004_new05news072304.asp
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PhotoRESEARCHER Newsletter is a free newsletter for photo researchers. It features carefully researched coverage of trends, methods and the latest information that can help you in your photo research. Feel free to forward this issue of the PhotoRESEARCHER Newsletter to fellow photo researcher friends.
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## PhotoRESEARCHER Newsletter monthly newsletter is produced by PhotoSource International, Rohn Engh, Director, who is solely responsible for its contents.
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Next Month: Same Formula Shooting